Fees associated with filing patent applications in Serbia as well as other patent fees are available in the fee calculator.
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The term for filing patent applications in Serbia
The term for filing patent applications in Serbia claiming priority is 12 months from the date of priority. This term may be restored within two months from the expired deadline.
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Minimum of filing documents in Serbia
To obtain the date of filing a patent application in Serbia should contain:
- a request to grant a patent in Serbia;
- information about the applicant(s);
- a description of the invention in optional form.
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Language of the Serbian patent application
The official language of the Serbian patent application is Serbian. The application may be filed in any other foreign language; however the Serbian translation must be submitted within two months from the date of receipt of the invitation issued by the IP Office.
The certified copy of the priority document may be submitted to the Serbian Patent Office within three months from filing on condition that the fees for late filing are paid. The translation into Serbian is not required, but may be requested if the priority document is not in English, German or French.
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Power of Attorney requirements
The IP Office does not set the deadline for submitting a POA. Instead, if the applicant does not supply a simply signed original of the Power of Attorney at the time of filing, the examiner issues an invitation once the application has reached its turn for examination, setting a deadline of 60 days from its receipt. The deadline may be extended.
If the applicant is not the inventor the statement on how the applicant acquired the right from the inventor(s) to file the application may be provided within two months from filing, on the condition that the fees for late filing are paid.
The official patent search is an obligatory procedure and should be requested within one month from receipt of the invitation.
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Substantive examination request
The substantive examination of Serbian patent application must be requested within six months from publication of the search report in the Official Gazette.
An invention which was already part of the state of the art for a period of up to six months before the filing of the application shall also be deemed to be new, if its disclosure was due to or was a consequence of:
1) evident abuse in relation to the applicant or his legal predecessor;
2) the invention being displayed by the applicant or his legal predecessor at an official, or officially recognised exhibition, falling within the terms of the Convention on International Exhibitions.
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Grant and patent maintenance
Official fee for granting a patent in Serbia should be paid within 15 days from receipt of the invitation. The patent validity term is 20 years counting from the filing date. Annual maintenance fees are paid for pending applications and granted patents starting from the third year. The grace period for payment of annuities is 6 months provided that the surcharge fee is paid.
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Representation by a patent attorney
Foreigners must perform the patent prosecution in Serbia through an agent, a registered Serbian patent attorney.
1. Online Search databases: Serbian Patents, European Patents (EPO).
2. The patent protection in the Serbia may also be obtained via registration of the European patent and its further validation in Serbia.
Brief summary is based on the information provided by CPZ – CENTRE FOR PATENTS Ltd. on 12.03.2024
Please contact us if the above information is not in conformity with Serbian IP Laws.